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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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Apr 21, 2013
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is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...
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Apr 16, 2013
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custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make sure they maintain the possibility of ultimately getting a criminal conviction? >> absolutely. >> joining us is an eyewitness to the bombing. he ran the marathon and was in the medical tent when the explosions happened. joining us by phone from boston. describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah. the first thing, this was wave three, so i was running -- i was a charity runner, so we started at approximately 10:40 a.m. then i finished just under four, my first under four, thus i pushed pretty hard mile 25 and 26. that means i was pretty winded, dizzy and fe
custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make...
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Apr 21, 2013
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they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these people do keep talking. >> mike rogers, chairman, do you have a view how he should be treated in the criminal justice system? or should he be an enemy combatant? >> he's a citizen of the united states. i think that brings all of those protections of the u.s. constitution. under the public safety exception, however, i do believe that the fbi has a period of time to try to determine what threats are there today. we don't know if there are other devices, if there's other people, and mirandizing him up front would be a horrible idea. now, it's my understanding that that's not going to happen. i had good conversations with the fbi. they are going to do their due diligence on the public safety portion. here is where the problem is. they're getting pressure from outside groups to actually do t
they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these people do keep talking. >> mike rogers, chairman, do you have a view how he should be treated in the criminal justice system? or should he be an enemy combatant? >> he's a citizen of the united states. i think that brings...
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Apr 20, 2013
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once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still hearing me, pete? nope. >> oh, there i hear you now. sorry. i hear you now. >> oh, you can hear me now. little bit of technical difficulty. but it's the kind of thing that asking for forgiveness. i guess i ask from a broader justice perspective. if he does cooperate, despite the heinous nature of the activities that he will, in all likelihood be accused of, murder, the mayhem, the terrorism in the bombing of the boston marathon, is there anything for him to be gained from a legal perspective by cooperation? >> well, he avoids the death penalty. which -- well although in the federal case, i'm not sure about th
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still...
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Apr 22, 2013
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should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence people. get all the intel you can. then turn him over to the civ civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group, fbi cia, dod. they don't have a long time to do that
should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as...
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Apr 20, 2013
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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Apr 22, 2013
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government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy. >>> when ruslan tsarni held court with the media on friday, he tried to give a snapshot of his nephews' lives, he also defended his heritage, as well as his newfound homeland. >> i respect this country, i love this country. this country, which gives chance to e
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart...
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Apr 20, 2013
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roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ] bjorn's small business earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth ] why settle for less? ahh, oh! [ garth ] great businesses deserve unlimited rewards. here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there !
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ]...
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Apr 21, 2013
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that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for ironing all that out for us. >>> the legal questions over whether dzhokhar tsarnaev be tried as an enemy combatant, we'll take it further after the break. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. it shows. we don't run like that. we build john deere equipment the way we always have: the right way. times change. our principles don't. you don't just have our word on it. yo
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for...
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. >> no miranda warning? >> the fbi may want to explain that, it is a federal issue. >> had the boat been searched earlier? >> just a minute, we are going to finish the question. >> no, it did not. >> there was no miranda warning, they were claiming public safety exception. could we get explanation? >> there's public safety in cases of national security and involving acts of terrorism. the government has that opportunity, right now i believe the suspect has been taken to a hospital. we start with there. thank you. >> i'm sorry? >> will you seek the federal death penalty? >> you know, what i indicated earlier is that this is still an active, on-going investigation. we're going to be reviewing all of the evidence, before that kind of decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it is a very thoughtful, long process that is engaged and it is the attorney general of department of justice that makes that final decision. >> i'm sorry. karen? >> can you or
. >> no miranda warning? >> the fbi may want to explain that, it is a federal issue. >> had the boat been searched earlier? >> just a minute, we are going to finish the question. >> no, it did not. >> there was no miranda warning, they were claiming public safety exception. could we get explanation? >> there's public safety in cases of national security and involving acts of terrorism. the government has that opportunity, right now i believe the suspect...
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custody there are situations now where a lot of people are saying you don't need to read the miranda rights right away. if is strong suspect is picked up, or could provide significant information, i think that addition could be discussed between doj, fbi, the white house -- >> presumably as the fbi is going through this, they are looking to make sure no secondary attacks is the first priority, and then to make sure they maintain the possibility of getting ultimately a criminal conviction. >> absolutely. >> joining us now is an eyewitness, greg, ran the marathon and was in the medical tent with the explosions happened. he joins us by phone from boston. greg, zwrieb describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah, the first thing to share, this was wave three, so i was a charity runner for the alzheim alzheimer's association. we started at 10:40 a.m., and i finished my first under four. hi pushed pretty hard in mile 25 and 26, what that means i was winded and dizzy, i was ready to faint. as i crossed the finish line one i asked f
custody there are situations now where a lot of people are saying you don't need to read the miranda rights right away. if is strong suspect is picked up, or could provide significant information, i think that addition could be discussed between doj, fbi, the white house -- >> presumably as the fbi is going through this, they are looking to make sure no secondary attacks is the first priority, and then to make sure they maintain the possibility of getting ultimately a criminal conviction....
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an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on tha
an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and...
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Apr 21, 2013
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. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated. now what the justice department is saying that they want to use this special high-value interrogation team to question him without reading him his miranda rights, under the public safety exception. and the -- question and that has been defined as 48 hours. they have 48 hours to question him before they read him his rights. now, the aclu and the federal public defenders office here in boston which says -- said yesterday they expect to represent tsarnaev. they are challenging that and saying that they -- the government may be stretching it here. and, frankly, actually, the longer this goes on, the longer that
. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated....
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Apr 20, 2013
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they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in cases like this people continue to talk anyway. >> even though he wasn't mirandized and that was a question that was asked last night at the briefing -- >> right. >> -- right after he was taken into custody, he doesn't lose his rights, right? >> well, he has -- that's right. i mean, he doesn't have to say -- he can't be compelled to talk. if he refuses -- if he just sits there and doesn't answer any questions, they can't make him answer the questions. but the one right that is sort of suspended is, normally speaking if the police ask -- if you're in custody and the police
they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in...
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Apr 17, 2013
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if he is a foreign national, he should be held by a military tribunal and not read his miranda rights. yes, susan collins, a voice of reason and bipartisan reason. telling reporters that if the person apprehended happens to be a foreign national -- what a disgrace and what an insult to the american system of justice. and what ignorance. the fifth amendment of the constitution which protects the right to due process is quite clear about who it applies to. it reads no person shall be held to answer for capital or otherwise infamous crime unless on a presentment or indictment of a grand jury. nor be deprived of life, liberty of process. not no citizen, no person. french national is arrested in a bar fight, he gets access to a lawyer, is arraigned, charged and tried. we don't have some special carve out in the law for foreigners. our laws are our laws. and yet 12 years after the horrors of 9/11, we created a new special carved out area of law. we have a republican rushing to repeat the same mistakes, to place the perpetrators outside of our normal league system. susan collins should take
if he is a foreign national, he should be held by a military tribunal and not read his miranda rights. yes, susan collins, a voice of reason and bipartisan reason. telling reporters that if the person apprehended happens to be a foreign national -- what a disgrace and what an insult to the american system of justice. and what ignorance. the fifth amendment of the constitution which protects the right to due process is quite clear about who it applies to. it reads no person shall be held to...
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Apr 21, 2013
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was one of four republican lawmakers that released a statement yesterday applauding the suspension of miranda rights for the teenage suspect. he even suggested we haven't gone far enough. and advocated for labeling the suspect an enemy combatant. by defining this week's events as terrorism, we endow the violence with political meaning. when we call their homemade bombs but not adam lanza's bush master xm 15 rifle weapons of mass destruction, we sent out a trajectory for the prosecution when we focus on months that one suspect spent overseas rather than the years that both spent in the u.s. we assume a limited geography for the incubation of evil. so here we go. the crisis is over and the politics begin. folks, this is actually the most dangerous part. with me at the table today is msnbc contributor and georgetown university professor, michael eric dyson. valerie core, a writer and fi filmmak filmmaker. co-host of the cycle and robert pape, director of the project security and -- >> bb, let me start with you. what do you think happened this week? >> what i think happened is we had homegrown te
was one of four republican lawmakers that released a statement yesterday applauding the suspension of miranda rights for the teenage suspect. he even suggested we haven't gone far enough. and advocated for labeling the suspect an enemy combatant. by defining this week's events as terrorism, we endow the violence with political meaning. when we call their homemade bombs but not adam lanza's bush master xm 15 rifle weapons of mass destruction, we sent out a trajectory for the prosecution when we...